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After attempting — unsuccessfully
— to license the Solar Sun Rings for sale in its stores, Wal-Mart, the suit
charged, contracted with a Chinese manufacturer to produce a similar product
that it offered for sale at about half the retail price of the original.

Just days before federal trial was
to begin, lawyers for the two companies have announced a settlement was reached
in the case.

Wal-Mart will discontinue selling
the Solar Pad, according to the attorney for Solar Sun Rings. Other terms of the settlement, characterized
as "confidential," were not disclosed.

“The only thing that I
can say is that the lawsuit was resolved to the mutually satisfaction of both
parties,” Lora Rosene, CEO of Solar Sun Rings,
said.

After denying Wal-Mart’s action
for summary judgment on all counts in the case, jury selection for trial before
Federal District Judge Phillip Gutierrez had been scheduled for Dec. 4. The
settlement was announced before court proceedings began.

A Wal-Mart spokesperson confirmed
the settlement and provided the news media with a written statement:

"Wal-Mart respects the
intellectual property rights of others. Three patents were dismissed
from the case before trial. While Wal-Mart was confident the remaining
patent had not been infringed, on Friday the parties reached a confidential
agreement to end the case that made sense for our company."

Rosene’s husband Richard was
a pool service tech in the San Fernando Valley and Inland Empire for more than
20 years. He developed the Solar Sun Rind with the assistance of his
father-in-law, David Bartoli. The Rosene’s and Bartoli began selling the Solar
Sun Rings in 2004.

Wal-Mart, it was charged,
started selling a knockoff product in 2009, which reportedly cost Solar Sun
Rings upwards of $3 million in sales.